U.S. v. SARMIENTO-PALACIOS

No. 15-2025.

885 F.3d 1 (2018)

UNITED STATES of America, Appellee, v. Johnny SARMIENTO-PALACIOS, Defendant, Appellant.

United States Court of Appeals, First Circuit.

March 16, 2018.


Attorney(s) appearing for the Case

Julia Pamela Heit for appellant.

John A. Mathews, II , Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez , United States Attorney, Mariana E. Bauzá-Almonte , Assistant United States Attorney, Chief, Appellate Division, and Juan Carlos Reyes-Ramos , Assistant United States Attorney, were on brief, for appellee.

Before Howard, Chief Judge, Torruella and Barron, Circuit Judges.


Johnny Sarmiento-Palacios pleaded guilty to two cocaine-related charges under the Maritime Drug Law Enforcement Act ("MDLEA"). On appeal, Sarmiento claims that (1) Congress exceeded its constitutional authority in promulgating the MDLEA; (2) Amendment 794 to the U.S. Sentencing Commission Guidelines ("the Guidelines") is retroactive...

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